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(영문) 대법원 2013.08.14 2013도7215
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination of guilty of the charge of this case on the grounds as stated in its reasoning is just. In so doing, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on indecent act in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable is not

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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